08-033
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1 I: ORDINANCE NO. 08- 0 33
2
3 AN ORDINANCE OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA AMENDING
5 THE CITY OF BOYNTON BEACH CODE OF
6 ORDINANCES BY AMENDING CITY OF BOYNTON
7 BEACH CODE OF ORDINANCES PART III, CHAPTER
8 20, ARTICLE I, "IN GENERAL", TO PROVIDE FOR
9 APPLICABILITY OF SPECIFIC CODES THAT
10 ESTABLISH MINIMUM BUILDING AND
11 CONSTRUCTION STANDARDS; PROVIDING FOR THE
12 ABILITY OF THE CITY COMMISSION TO ADOPT A
13 SCHEDULE OF FEES FOR THE ADMINISTRATION
14 AND ADOPTION OF THE FLORIDA BUILDING CODE,
15 AS AMENDED; AMENDING ARTICLE VIII, "FLOOD
16 DAMAGE PREVENTION", TO PROVIDE FOR
17 UPDATING OF LANGUAGE AND TECHNICAL
18 REVISIONS; AMENDING ARTICLE VIII, SECTION 3,
19 "LOCAL HOUSING ASSISTANCE PROGRAM", TO
20 PROVIDE FOR RE-CODIFICA TION AS ARTICLE VIII,
21 "LOCAL HOUSING ASSISTANCE PROGRAM";
22 PROVIDING FOR CONFLICTS, SEVERABILITY,
23 CODIFICATION AND AN EFFECTIVE DATE.
24
25 WHEREAS, the City Commission desires to amend the City's Property Maintenance
26 Code in order to provide a mechanism for an update as to general language, and the ability of
27 the City Commission to adopt a schedule of fees to administer and enforce the Florida
28 Building Code and other applicable codes within the City by resolution; and
29 WHEREAS, the adoption of a these revisions to the City's Building, Housing, and
30 onstruction Regulations, as provided in Chapter 20 of the City's Land Development
31 egulations will be in the best interest of the health, safety, and welfare of the residents,
32 itizens, and business within the City of Boynton Beach.
33 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
34 HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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1 Section 1. The foregoing whereas clauses are true and correct and are now ratified
2 and confirmed by the City Commission.
3 Section 2. That Part III, "Land Development Regulations", Chapter 20, Article I, "In
4 General", be, and the same is hereby amended to read as follows:
5 ARTICLE I. IN GENERAL
6
7 Section 1. Penalties.
8
9 Any person convicted of the violation of any of the terms or provisions of this
10 I chapter or any code or standards adopted hereby shall be subiect to the penalties
11 punished as provided by Section 1-6 of the City of Boynton Beach Code of
12 Ordinances. If any person commences any work on a building, structure, plumbing,
13 mechanical or gas system before obtaining the necessary permit, he shall be subject to
14 a penalty of four (4) times the established permit fee. The dDirector of dDevelopment
15 may allow a waiver of the penalty fee, in whole or in part, when such waiver~
16 supported by the circumstances that apply to the specific instance of imposing a
17 penalty fee, and does not violate the best interests of the eCity.
18
19 Section 2. Certifieate af Treatment far Termites Before any slab inspection
20 i:; performed by the development department for the continued construction of any
21 imprO\ement:; on any property in the city, the owner of said property or his contractor
22 shull furnish a certificate from a city licensed cxtenl1inator that the soil has been
23 treated for tennites.Reserved.
24
25 Section 3. Minimum building and construction standards.
26
27 I A. The Florida Building Code 2004, Gas, Mechanical and Plumbing
28 Codes, 2004 Edition, and the ~2005 National Electrical Code including future
29 editions or revisions as adopted by the city, are hereby adopted as the minimum
30 Building Code for the City of Boynton Beach.
31
32 I B. Chapter 1, Administration, as described in the Boynton Beach
33 Amendments, and is incorporated herein in the Florida Building Code 2004, Gas,
34 I Mechanical and Plumbing Codes, 2004 Edition, and the ~2005 National Electrical
35 Code.
36
37 I C. The City of Boynton Beach Administrative Amendments to the 2004
38 Florida Building Code, Plumbing, Mechanical, Gas and ~2005 National Electrical
39 Code are incorporated in this document and made a part hereof, copies shall be
40 maintained on file in the Office of the City Clerk and shall be available to the public.
41
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1 D. All construction regulation fees as referenced or described in the above
2 I codes are subject to amendment by resolution by the City Commission. Current fee
3 schedules shall be maintained on file in the Office of the City Clerk and shall be
4 available, without charge, to the public.
5
6 Section 4. Fees.
7
8 I A. -Fees assessable by the City of Boynton Beach for the administration
9 and enforcement of the Florida Building Code and the City of Boynton Beach
10 Administrative Amendments to the Florida Building Code, pursuant to this Chapter
11 and F.S.553.79, 553.80 & 166.222, shall be established by the City Commission by
12 resolution from time to time.
13 I
14 B. Building Division permit fees shall be based upon the valuation of
15 I buildings and systems~ and shall represent the total proiectreplacement value. The
16 proiect value shall te--include structural, electric, plumbing, mechanical, interior finish,
17 normal building related site work (excavation and backfill for buildings), architectural
18 and design fees, overhead and profit; excluding only land value. Building valuation
19 shall be based upon bona fide executed construction contracts, proprietary builder
20 documentation, or other nationally recognized construction cost analysis service,
21 which would include regional adjustments, such as the most current edition of RS
22 Means Construction Estimating Cost Data.
23 I
24 C. A revision to a permit shall not be issued until the additional fee, if any,
25 due to an increase in estimated cost of the building, electrical, plumbing, gas,
26 mechanical, landscaping or site development, has been paid.
27
28 I D.. Reserved. B. Interim services f{le. The City Commission
29 hereby establishes an "interim services fee" which is an annual user charge applicable,
30 except during the Suspension Period as pro';ided hereinafter, to structures certified for
31 occupancy by the city development department but not appearing on the Palm Beach
32 County tax rolls as an impro'iement to real property.
33
34 1. Reserved.
35
36 2. Levied. Except during the Suspension Period as proyided hereinafter,
37 eyery structure located within the city and not yet appearing on the county tax roll,
38 shall be subject to an interim services fee. This interim services fee shall be in eff{lct
39 from the date of the issuance of a certificate of occupancy or certificate of completion
40 to January 1 of the year following the issuance of the certificate; proyided, the levy of
41 the interim service fee is suspended, effective June 11, 1999, until such suspension is
42 repealed by adoption of an ordinance by the City Commission of the City of Boynton
43 Beach (the "Suspension Period"). Said fee shall be charged in accordance with the fee
44 schedule \vhich is attached to Ordinance No. 91 17 as Exhibit "B" and the
45 computation hereinafter set forth.
46
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18
19 - 22,565 . 1 ,000 22.5~
20
21 _ 22.6 X $10.23 - $'231.2G
22 ~:::s fe~ fer this straeMe would be $231.20,
23
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1 expenditures from said trust fund upon determination that said expenditures are
2 appropriate.
3
4 Section 5. Reserved. l\eeessibility by handieapped.
5
6 i\ll construction must conform with federal, state and county accessibility rules and
7 regulations including, but not limited to, the Florida i\ccessibility Code, January 1991
8 Edition. In addition, all interior doors in all dwelling units, hotel rooms and motel
9 rooms on first floor only or floors serviced by elevators shall have a minimum of
10 twenty nine (29) inches clear opening, (door of at least thirty two (32) inches in
11 width) with the exception of storage rooms and closets.
12
13 Section 6. Coastal building zone and code.
14
15 I A. The coastal building zone for the city is the land area from the seasonal
16 high-water line landward to a line one thousand five hundred (1,500) feet landward
17 from the coastal construction control line as established pursuant to Section 161.053,
18 Florida Statutes. Development projects within this zone must utilize best management
19 construction techniques for natural resource protection and must conform to the goals,
20 objectives and policies of the comprehensive plan of the city, Chapter B7, Coastal
21 Management.
22
23 B. The coastal construction code was adopted on August 19, 1986 and
24 I applies to all construction within the coastal building zone, and is incorporated herein
25 by reference. ItA copy is not set out at length herein, but is on file and available for
26 inspection in the offices of the city clerk and the director of development.
27
28 Section 7. Reserved. Soil tests.
29
30 Where the bearing capacity of soil is not definitely known, the director of
31 development may require test or other adequate proof to establish permissible saf-e
32 bearing capacity. Tests shall be certified, signed and sealed by a Florida registered
33 engineer, and shall be submitted with the building permit application.
34
35 Section 3. That Part III, "Land Development Regulations", Chapter 20, Article VII,
36 'Flood Damage Prevention", be, and the same is hereby amended to read as follows:
37 ARTICLE VII. FLOOD DAMAGE PREVENTION
38
39 I Section 1. Generally.
40
41 I A. Statutory authorization. The Legislature of the State of Florida has
42 authorized in Chapter 166 of Florida Statutes delegated the responsibility to local
43 governmental units to adopt regulations designed to promote the public health, safety
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1 and general welfare of its citizenry. Therefore, the City Commission of Boynton
2 Beach, Florida, does ordain as set out herein.
3
4 B. Finding of fact.
5
6 I 1. The flood hazard areas of Boynton Beach, Florida, are subject to periodic
7 inundation which results in loss of life and property; health and safety hazards;
8 disruption of commerce and governmental services; extraordinary public expenditures
9 for flood protection and relief; and impairment of the tax base; all of which adversely
10 affect the public health, safety and general welfare.
11
12 I 2. These flood losses are caused by the cumulative effect of obstructions in
13 floodplains causing increases in flood heights and velocities, and by the occupancy in
14 flood hazard areas by uses vulnerable to floods or hazardous to other lands which are
15 I inadequately elevated, tloodproofedflood proofed or otherwise unprotected from flood
16 damages.
17
18 I C. Purpose. It is the purpose of this article to promote the public health,
19 safety and general welfare and to minimize public and private losses due to flood
20 conditions in specific areas by provisions designed to:
21
22 I 1. Restrict or prohibit uses which are dangerous to health, safety and
23 property due to water or erosion hazards, or which result in damaging increases in
24 erosion or in flood heights or velocities;
25
26 I 2. Require that uses vulnerable to floods, including facilities which serve
27 such uses, be protected against flood damage at the time of initial construction;
28
29 I 3. Control the alteration of natural floodplains, stream channels and natural
30 protective barriers which are involved in the accommodation of flood waters;
31
32 I 4. Control filling, grading, dredging and other development which may
33 increase erosion or flood damage; and,
34
35 I 5. Prevent or regulate the construction of flood barriers which will
36 unnaturally divert flood waters or which may increase flood hazards to other lands.
37
38 I D. Objectives. The objectives of this article are:
39
40 I 1. To protect human life and health;
41
42 I 2. To minimize expenditure of public money for costly flood-control
43 projects;
44
45 I 3. To minimize the need for rescue and relief efforts associated with
46 flooding and generally undertaken at the expense of the general public;
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1
2 Ii 4. To minimize prolonged business interruptions;
3
4 I 5. To minimize damage to public facilities and utilities such as water and
5 gas mains, electric, telephone and sewer lines, streets and bridges located in
6 floodplains;
7
8 I 6. To help maintain a stable tax base by providing for the sound use and
9 development of flood-prone areas in such a manner as to minimize future flood-blight
10 areas; and,
11
12 I 7. To insure that potential homebuyers are notified that property is in a flood
13 area.
14
15 I E. Terms. Words or phrases used in this article shall have the meaning they
16 have in common usage and to give this article its most reasonable application.
17
18 I Area of shallow flooding - a designated AO or VO zone on a community's
19 flood insurance rate map (FIRM) with base flood depths from one (1) to three (3) feet
20 where a clearly defined channel does not exist, where the path of flooding is
21 unpredictable and indeterminate, and where velocity flow may be evident.
22
23 I Area of special flood hazard - land in the floodplain subject to a one (1) per
24 cent or greater chance of flooding in any given year.
25
26 I Base flood - a flood having a one (1) per cent chance of being cq ualledequaled
27 or exceeded in any given year.
28
29 I Breakaway wall - a wall that is not part of the structural support of the building
30 and is intended to collapse without causing damage to the elevated portion of the
31 building or the foundation system.
32
33 I Coastal high hazard area - the area subject to high velocity waters caused by,
34 but not limited to, hurricane wave wash or tsunamis. The area is designated in a
35 FIRM as zone VI-30, VE or V.
36
37 I Flood or flooding - a general and temporary condition of partial or complete
38 inundation of normally dry land areas from the overflow of inland or tidal waters or
39 the unusual and rapid accumulation of runoff of surface waters from any source.
40
41 I Flood hazard boundary map (FHBM) - an official map of a community issued
42 by the Federal Emergency Management Agency where the boundaries of the areas of
43 special flood hazard have been defined.
44
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1 I' Flood insurance rate map (FIRM) - an official map of a community on which
2 the Federal Emergency Management Agency has delineated both the areas of special
3 flood hazard and the risk premium zones applicable to the community.
4
5 I Flood insurance study - the official report provided by the Federal Emergency
6 Management Agency which contains flood profiles, flood boundary-floodway map
7 and water surface elevation of the base flood.
8
9 I Floodway - the channel of a watercourse and the adjacent land areas that must
10 be reserved in order to discharge the base flood without cumulatively increasing the
11 water surface elevation more than one (1) foot.
12
13 I Functionally dependent facility - a facility which cannot be used for its
14 intended purpose unless it is located or carried out in close proximity to water, such as
15 a docking or port facility necessary for the loading and unloading of cargo or
16 passengers, shipbuilding, ship repair or seafood processing. The term does not include
17 long-term storage, manufacture, sales or service facilities.
18
19 I Mangrove stand - an assemblage of trees which contain one or more of the
20 following species: black mangrove, red mangrove, white mangrove and buttonwood.
21
22 I Mean sea level - the average elevation of the sea for all stages of the tide. The
23 term is synonymous with national geodetic vertical datum (NGVD).
24
25 I National geodetic vertical datum (NGVD) - a vertical control used for
26 establishing varying elevations within the floodplain.
27
28 I New construction - structures for which the "start of construction" commenced
29 on or after the effective date of this article.
30
31 I Sand dunes - naturally occurring accumulations of sand in ridges or mounds
32 landward of the beach.
33
34 I F. Application. This article applies to all areas of special flood hazard
35 within the jurisdiction of Boynton Beach, Florida. Those areas are identified by the
36 Federal Emergency Management Agency in its Flood Insurance Rate Map (FIRM)
37 1201960001-0005, dated September 30, 1982, and any revisions thereto are adopted
38 by reference and declared to be a part of this article.
39
40 I G. Development permit. A development permit is Rrequired prior to the
41 commencement of any development activities.
42
43 I H. Compliance. No structure or land shall hereafter be located, extended,
44 converted or structurally altered without full compliance with the terms of this article
45 and other applicable regulations.
46
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1 1. Abrogation and greater restrictions. This article is not intended to
2 repeal, abrogate or impair any existing easements, covenants or deed restrictions.
3 However, where this article and another conflict or overlap, whichever imposes the
4 more stringent restrictions shall prevail.
5
6 J. Interpretation. In the interpretation and application of this article all
7 provisions shall be:
8
9 1. Considered as minimum requirements;
10
11 2. Liberally construed in favor of the governing body; and
12
13 3. Deemed neither to limit nor repeal any other powers granted under state
14 statutes.
15
16 I K. Warning and disclaimer. The degree of flood protection required by this
17 article is considered reasonable for regulatory purposes and is based on scientific and
18 engineering considerations. Larger floods can and will occur. Flood heights may be
19 increased by man-made or natural causes. This article does not imply that land outside
20 the areas of special flood hazard or uses permitted within such areas will be free from
21 flooding or flood damages. This article shall not create liability on the part of
22 Boynton Beach, Florida, or by any officer or employee thereof for any flood damages
23 that result from reliance on this article or any administrative decision lawfully made
24 thereunder.
25
26 I L. Penalties for violation. Violation of the provisions of this article or
27 failure to comply with any of its requirements, including violation of conditions and
28 safeguards established in connection with grants of variance or special exceptions,
29 shall constitute a misdemeanor. Any person who violates this article or fails to
30 comply with any of its requirements shall, upon conviction thereof, be fined not more
31 than five hundred dollars ($500.00) or imprisoned for not more than sixty (60) days, or
32 both, and in addition shall pay all costs and expenses involved in the case. Each day
33 such violation continues shall be considered a separate offense. Nothing herein
34 contained shall prevent the City of Boynton Beach from taking such other lawful
35 action as is necessary to prevent or remedy any violation.
36
37 I Section 2. Administration.
38
39 A. Administrator . The director of development is hereby appointed to
40 administer and implement the provisions of this article.
41
42 I B. Duties and responsibilities of the administrator. Duties of the
43 administrator or his designee shall include, but not be limited to:
44
45 I 1. Review all development permits to assure that the permit requirements of
46 this article have been satisfied.
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1
2 I; 2. Advise permittee that additional federal or state permits may be required,
il
3 and if specific federal or state permits are knOW11, require that copies of such permits
4 be provided and maintained on file with the development permit.
5
6 3. Notify adjacent communities and the state department of community
7 affairs prior to any alteration or relocation of a watercourse, and submit evidence of
8 such notification to the Federal Emergency Management Agency.
9
10 4. Assure that maintenance is provided within the altered or relocated
11 portion of said watercourse so that the flood-carrying capacity is not diminished.
12
13 I 5. Verify and record the actual elevation (in relation to mean sea level) of
14 the lowest floor (including basement) of all new or substantially improved structures,
15 in accordance with paragraph C.
16
17 6. Verify and record the actual elevation (in relation to mean sea level) to
18 which the new or substantially improved structures have been l1oodproofedflood
19 proofed, in accordance with paragraph C.
20
21 I 7. In coastal high hazard areas, certification shall be obtained from a
22 registered professional engineer or architect that the structure is securely anchored to
23 adequately anchored pilings or columns in order to withstand velocity waters and
24 hurricane wave wash.
25
26 I 8. In coastal high hazard areas, the administrator shall obtain certification for
27 the adequacy of breakaway walls in accordance with article VII, Section 3.B.5.h.
28
29 I 9. When floodproofm-gflood proofing is utilized for a particular structure,
30 the administrator shall obtain certification from a registered professional engineer or
31 architect.
32
33 I 10. Where interpretation is needed as to the exact location of the boundaries
34 of the areas of special flood hazard (for example, where there appears to be a conflict
35 between a mapped boundary and actual field conditions), the administrator shall make
36 the necessary interpretation. The person contesting the location of the boundary shall
37 be given a reasonable opportunity to appeal the interpretation as provided in this
38 article.
39
40 I 11. When base flood elevation data has not been provided in accordance
41 with article VII, Section I.F, the administrator shall obtain, review and reasonably
42 utilize any base flood elevation data available from a federal, state or other source, in
43 order to administer the provisions of Section 3. The finished floor elevation of all
44 habitable space in new construction, not located in a flood zone, shall be elevated a
45 minimum of twelve (12) inches above the CroW11 of any adiacent roadway.
46
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1 I 12. All records pertaining to the provisions of this article shall be maintained
2 in the department of development and shall be open for public inspection.
3 I
4 II C. Permitting. Application for a permit shall be made to the development
5 department prior to any development activities. Application shall include, but not be
6 limited to, the following plans in duplicate drawn to scale showing the nature,
7 location, dimensions and elevations of the area in question to be developed; existing or
8 proposed structures; fill; storage of materials; drainage facilities/location.
9 Specifically, the following information is required:
10
11 I 1. Elevation in relation to mean sea level of the proposed lowest floor
12 (including basement) of all structures.
13
14 I 2. Elevation in relation to mean sea level to which any non-residential
15 structure will be tloodproofedflood proofed.
16
17 I 3. Certification by a Florida registered engineer or architect that the structure
18 meets the tloodproofingflood proofing criteria in article VII, Section 3.B.2.
19
20 I 4. Description of the extent to which any watercourse will be altered or
21 relocated as a result of proposed development.
22
23 I 5. A flood elevation or floodproofingflood proofing certification after the
24 lowest floor is completed, or in instances where the structure is subject to the
25 regulations applicable to coastal high hazard areas, after placement of the horizontal
26 structural members of the lowest floor. Within twenty-one (21) calendar days of
27 I establishment of the lowest floor elevation, or floodprootingflood proofing by
28 whatever construction means, or upon placement of the horizontal structural members
29 of the lowest floor, whichever is applicable, the permit holder shall submit to the
30 development department a certification of the elevation of the lowest floor,
31 I tloodproofedflood proofed elevation, or the elevation of the lowest portion of the
32 horizontal structural members of the lowest floor, whichever is applicable, in relation
33 to mean sea level. Said certification shall be prepared by or under the direct
34 supervIsIon of a registered land surveyor or professional engmeer. When
35 I tloodproofingflood proofing is utilized, certification shall be prepared by or under the
36 direct supervision of a professional engineer or architect. Any work done within the
37 twenty-one-day calendar period and prior to submission of the certification shall be at
38 the permit holder's risk. The development department shall review the flood elevation
39 survey data submitted. Deficiencies detected by such review shall be corrected by the
40 permit holder immediately and prior to continuation of the work. Failure to submit the
41 surveyor failure to make said corrections, shall cause issuance of a stop-work order
42 for the project.
43
44 I 6. A survey of mangrove trees on site.
45
46 I D. Variance procedures/appeals.
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1
2 \, 1. The building board of adjustment and appeals shall hear and decide
3 appeals when it is alleged there is an error in any requirement, decision or
4 determination made by the director of development in the enforcement or
5 administration of this article.
6
7 I a. In passing upon such appeals, the building board of adjustment and
8 appeals shall consider all technical evaluations, all relevant factors, all standards
9 specified in other sections of this article, and:
10
11 I (1) The danger that materials may be swept onto other lands to the injury of
12 others.
13
14 I (2) The danger to life and property due to flooding or erosion damage.
15
16 I (3) The susceptibility of the proposed facility and its contents to flood
17 damage and the effect of such damage on the individual owner.
18
19 I (4) The importance of the services provided by the proposed facility to the
20 community.
21
22 I (5) The necessity to the facility of a waterfront location, where applicable.
23
24 I (6) The availability of alternative locations, not subject to flooding or
25 erosion damage, for the proposed use.
26
27 I (7) The compatibility of the proposed use with existing and anticipated
28 development.
29
30 I (8) The relationship of the proposed use to the comprehensive plan and
31 floodplain management program for that area.
32
33 I (9) The safety of access to the property in times of flood for ordinary and
34 emergency vehicles.
35
36 I (10) The expected heights, velocity, duration, rate of rise and sediment
37 transport of the flood waters and the effects of wave action, if applicable, expected at
38 the site.
39
40 I (11) The costs of providing governmental services during and after flood
41 conditions including maintenance and repair of public utilities and facilities such as
42 sewer, gas, electrical, and water systems, and streets and bridges.
43
44 I b. Upon consideration of the factors listed above and the purposes of this
45 article, the building board of adjustment and appeals may attach such conditions to the
46 granting of variances as it deems necessary to further the purposes of this article.
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1
2 Ii c. Variances shall not be issued within any designated floodway if any
3 increase in flood levels during the base flood discharge would result.
4
5 2. The building board of adjustments and appeals shall hear and decide
6 requests for variances from the requirements of this article.
7
8 I a. Conditions for variances:
9
10 I (1) Variances shall only be issued upon a determination that the variance is
11 the minimum necessary, considering the flood hazard, to afford relief, and in the
12 instance of a historical building, a determination that the variance is the minimum
13 necessary so as not to destroy the historic character and design of the building.
14
15 I b. Variances shall only be issued upon:
16
17 I (1) A showing of good and sufficient cause;
18
19 I (2) A determination that failure to grant the variance would result in
20 exceptional hardship to the applicant; and
21
22 I (3) A determination that the granting of a variance will not result in
23 increased flood heights, additional threats to public safety, extraordinary public
24 expense, create nuisance, cause fraud on or victimization of the public, or conflict with
25 existing local laws or ordinances.
26
27 c. Any applicant to whom a variance is granted shall be given written notice
28 specifying the difference between the base flood elevation and the elevation to which
29 the structure is to be built and stating that the cost of flood insurance will be
30 commensurate with the increased risk resulting from the reduced lowest floor
31 elevation.
32
33 I 3. Any person aggrieved by the decision of the building board of adjustment
34 and appeals or any taxpayer may appeal such decision to the circuit court as provided
35 in Florida law.
36
37 4. Variances may be issued for the reconstruction, rehabilitation or
38 restoration of structures listed on the National Register of Historic Places or the State
39 Inventory of Historic Places without regard to the procedures set forth in the
40 remainder of this section.
41
42 I 5. The director of development shall maintain the records of all appeal
43 actions and report any variances to the Federal Emergency Management Agency upon
44 request.
45
46 I Section 3. Provisions for Flood Hazard Reduction.
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1
2 I A. In General. In all areas of special flood hazard the following provisions
3 are required:
4
5 1. All new construction and substantial improvements shall be anchored
6 to prevent flotation, collapse or lateral movement of the structure.
7
8 I 2. Manufactured homes shall be anchored to prevent flotation, collapse or
9 lateral movement. Methods of anchoring may include, but are not limited to, use of
10 over-the-top or frame ties to ground anchors. This standard shall be in addition to and
11 consistent with applicable state requirements for resisting wind forces.
12
13 I 3. All new construction and substantial improvements shall be constructed
14 with materials and utility equipment resistant to flood damage.
15
16 I 4. All new construction or substantial improvements shall be constructed by
17 methods and practices that minimize flood damage.
18
19 I 5. Electrical, heating, ventilation, plumbing, air conditioning equipment and
20 other service facilities shall be designed and/or located so as to prevent water from
21 entering or accumulating within the components during conditions of flooding.
22
23 I 6. All new and replacement water supply systems shall be designed to
24 minimize or eliminate infiltration of flood waters into the system.
25
26 I 7. New and replacement sanitary sewage systems shall be designed to
27 minimize or eliminate infiltration of flood waters into the systems and discharges from
28 the systems into flood waters.
29
30 I 8. On-site waste disposal systems shall be located to avoid impairment to
31 them or contamination from them during flooding.
32
33 I 9. Any alteration, repair, reconstruction or improvements to a structure
34 which are in compliance with the provision of this article, shall meet the requirements
35 of "new construction" as contained in this article.
36
37 I B. Standards for areas of special flood hazard. In all areas of special flood
38 hazard where base flood elevation data has been provided as set forth in Article VII
39 the following provisions are required:
40
41 I 1. Residential construction. New construction or substantial improvement of
42 any residential structure shall have the lowest floor, including basement, elevated to or
43 above base flood elevation. Should solid foundation perimeter walls be used to
44 elevate a structure, openings sufficient to facilitate the unimpeded movements of flood
45 waters shall be provided in accordance with standards of article VII, Section 3.B.3.
46
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1 2. Non-residential construction. New construction or substantial
2 improvement of any commercial, industrial or other non-residential structure shall
3 have the lowest floor, including basement, elevated to the level of the base flood
4 elevation. Structures located in all A-zones may be floodproofedflood proofed in lieu
5 of being elevated provided that all areas of the structure below the required elevation
6 are watertight and with walls substantially impermeable to the passage of water and
7 with structural components having the capability of resisting hydrostatic and
8 hydrodynamic loads and effects of buoyancy. A registered professional engineer or
9 architect shall certify that the standards of this subsection are satisfied. Such
10 certification shall be provided as set forth in Article VII, Section 2.C.3.
11
12 3. Elevated buildings. New construction or substantial improvements of
13 elevated buildings that include fully enclosed areas formed by foundation and other
14 exterior walls below the base flood elevation shall be designed to preclude finished
15 living space and designed to allow for the entry and exit of floodwaters to
16 automatically equalize hydrostatic flood forces on exterior walls.
17
18 I (a) Designs for complying with this requirement must either be certified by a
19 professional engineer or architect or meet the following minimum criteria:
20
21 I (1) Provide a minimum of two (2) openings having a total net area of not
22 less than one (1) square inch for every square foot of enclosed area subject to flooding;
23
24 I (2) The bottom of all openings shall be no higher than one (1) foot above
25 grade; and
26
27 I (3) Openings may be equipped with screens, louvers, valves or other
28 coverings or devices provided they permit the automatic flow of floodwaters in both
29 directions.
30
31 I (b) Electrical, plumbing and other utility connections are prohibited below
32 the base flood elevation;
33
34 I (c) Access to the enclosed area shall be the minimum necessary to allow for
35 parking of vehicles (garage door) or limited storage of maintenance equipment used in
36 connection with the premises (standard exterior door) or entry to the living area
37 (stairway or elevator); and
38
39 I (d) The interior portion of such enclosed area shall not be partitioned or
40 finished into separate rooms.
41
42 I 4. Floodways. The following provisions shall apply to floodways within
43 areas of special flood hazard established hereinbefore:
44
45 I (a) Prohibit encroachments including fill, new construction, substantial
46 improvements, and other development unless certification (with supporting technical
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1 data) by a Florida registered engineer is provided demonstrating that encroachments
2 shall not result in any increase in flood levels during occurrence of the base flood
3 discharge.
4
5 (b) If Paragraph BA.a is satisfied, all new construction and substantial
6 improvements shall comply with all applicable flood hazard reduction provisions of
7 Section 3.
8
9 (c) Prohibit the placement of any manufactured homes (mobile homes)
10 except in an existing manufactured home (mobile home) park or subdivision. A
11 replacement manufactured home may be placed on a lot in an existing manufactured
12 home park or subdivision provided the anchoring standards and elevation standards
13 outlined hereinbefore are met.
14
15 I 5. Coastal high hazard area (V zones). Located within the areas of special
16 flood hazard established herein are areas designated as coastal high hazard areas.
17 These areas have special flood hazards associated with wave wash; therefore, the
18 following provisions shall apply:
19
20 I (a) All buildings or structures shall be located landward of the reach of the
21 mean high tide.
22
23 I (b) All buildings or structures shall be elevated so that the lowest supporting
24 member (excluding pilings or columns) is located no lower than the base flood
25 elevation level, with all space below the lowest supporting member open so as not to
26 impede the flow of water. Open lattice work or decorative screening may be permitted
27 for aesthetic purposes only and must be designed to wash away in the event of
28 abnormal wave action.
29
30 I (c) All buildings or structures shall be securely anchored on pilings or
31 columns.
32
33 I (d) All pilings and columns and the attached structures shall be anchored to
34 resist flotation, collapse, and lateral movement due to the effect of wind and water
35 loads acting simultaneously on all building components. The anchoring and support
36 system shall be designed with wind and water loading values which equal or exceed
37 the hundred-year mean recurrence interval (one {I} percent annual chance flood).
38
39 I (e) A Florida registered engineer or architect shall certify that the design,
40 specifications and plans for construction are in compliance with the provisions
41 contained in paragraph B.5.b, c and d.
42
43 I (f) No fill shall be used as structural support. Non-compacted fill may be
44 used around the perimeter of a building for landscaping/aesthetic purposes provided
45 the fill will wash out from storm surge, (thereby rendering the building free of
46 obstruction) prior to generating excessive loading forces, ramping effects or wave
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1 I deflection. The development department shall reVIew design plans for
2 landscaping/aesthetic fill only after the applicant has provided an analysis by an
3 engineer, architect and/or soil scientist, which demonstrates that the following factors
4 have been fully considered:
5
6 (1) Particle composition of fill material does not have a tendency for
7 excessive natural compaction; and
8
9 (2) Volume and distribution of fill will not cause wave deflection to adjacent
10 properties; and
11
12 (3) Slope of fill will not cause wave run-up or ramping.
13
14 (g) There shall be no alteration of sand dunes or mangrove stands which
15 would increase potential flood damage.
16
17 I (h) Lattice work or decorative screening shall be allowed below the base
18 flood elevation provided they are not part of the structural support of the building and
19 are designed so as to breakaway, under abnormally high tides or wave action, without
20 damage to the structural integrity of the building on which they are to be used and
21 provided the following design specifications are met:
22
23 I (1) No solid walls shall be allowed; and
24
25 I (2) Material shall consist of wood or mesh screening only.
26
27 I (i) If aesthetic lattice works or screening are utilized, such enclosed space
28 shall not be used for human habitation.
29
30 I (j) Prior to construction, plans for any structure that will have lattice work or
31 decorative screening must be submitted to the development department for review.
32
33 I (k) Prohibit the placement of manufactured homes (mobile homes), except
34 in an existing manufactured home (mobile home) park or subdivision. A replacement
35 manufactured home may be placed on a lot in an existing manufactured home park or
36 subdivision provided the anchoring and elevation standards of this chapter are met.
37
38 I (1) Any alteration, repair, reconstruction or improvement to a structure shall
39 not enclose the space below the lowest floor except for lattice work or decorative
40 screening, as provided for in paragraph B.6.h and i.
41
42 I c. Standards for areas of shallow flooding (AO zones). Located within the
43 areas of special flood hazard established in Section I.F are areas designated as shallow
44 flooding. These areas have special flood hazards associated with base flood depths of
45 one (1) to three (3) feet where a clearly defined channel does not exist and where the
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I
1 path of flooding is unpredictable and indeterminate; therefore, the following
2 provisions apply:
3
4 (1) All new construction and substantial improvements of residential
5 structures shall have the lowest floor, including basement, elevated to the depth
6 number specified on the flood insurance rate map, in feet, above the highest adjacent
7 grade. If no depth number is specified, the lowest floor, including basement, shall be
8 elevated at least two (2) feet above the highest adjacent grade.
9
10 (2) All new construction and substantial improvements of non-residential
11 structures shall:
12
13 (a) Have the lowest floor, including basement, elevated to the depth number
14 specified on the flood insurance rate map, in feet, above the highest adjacent grade. If
15 no depth number is specified, the lowest floor, including basement, shall be elevated at
16 least two (2) feet above the highest adjacent grade, or
17
18 (b) Be completely Hoodproofedflood proofed to or above that level so that
19 any space below that level has watertight walls substantially impermeable to the
20 passage of water; structural components having the capability of resisting hydrostatic
21 and hydrodynamic loads and effects of buoyancy; and utility and sanitary facilities
22 completely Hoodproofedflood proofed.
23
24 I D. Standards for subdivision proposals.
25
26 I 1. All subdivision proposals shall be consistent with the need to minimize
27 flood damage.
28
29 I 2. All subdivision proposals shall have public utilities and facilities such as
30 sewer, gas, electrical and water systems located and constructed to minimize flood
31 damage.
32
33 I 3. All subdivision proposals shall have adequate drainage provided to reduce
34 exposure to flood hazards.
35
36 I 4. Base flood elevation data shall be provided for subdivision proposals and
37 other proposed development which contains more than fifty (50) lots or is larger than
38 five (5) acres.
39
40 I E. Standards for small streams. Where small streams exist, but where no
41 base flood data has been provided or where no floodways have been provided, the
42 following provisions apply:
43
44 I 1. No encroachments, including fill material or structures, shall be located
45 within a distance of the stream bank equal to five (5) times the width of the stream at
46 the top of bank or twenty (20) feet on each side from top of bank, whichever is greater
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I
1 unless certification by a Florida registered engineer is provided demonstrating that
2 such encroachments shall not result in any increase in flood levels during the
3 occurrence of the base flood discharge.
4
5 2. New construction or substantial improvements of structures shall be
6 elevated or floodproofedflood proofed in accordance with elevations established in
7 accordance with Section 2.B.11.
8
9 Section 4. That Part III, "Land Development Regulations", Chapter 20, Article VIII,
10 Section 3, "Local Housing Assistance Program", is re-codified as Article VIII, "Local Housing
11 Assistance Program".
12 Section 5. Each and every other provision of the City of Boynton Beach Code of
13 Ordinances not herein specifically amended, shall remain in full force and effect as originally
14 adopted.
15 Section 6. All laws and ordinances applying to the City of Boynton Beach in
16 conflict with any provisions of this ordinance are hereby repealed.
17 Section 7. Should any section or provision of this Ordinance or any portion
18 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
19 affect the remainder of this Ordinance.
20 Section 8. Authority is hereby given to codify this Ordinance.
21 Section 9. This Ordinance shall become effective immediately.
-1 /) e ( C ,,; b e-f~ , 2008.
22 FIRST READING this ,/""-'NI] day of
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1 SECOND, FINAL READING AND PASSAGE this ~ day of ~,
2 2008.
3
4 CITY OF BOYNTON BEACH, FLORIDA
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24 Commissioner- Marlene Ross
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27 ATTEST:
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